A/HRC/43/41/Add.2
challenges structural discrimination and the exclusion of persons with disabilities and does
not address discrimination only in individual cases. The federal Government can encourage
provinces and territories to also harmonize their legal and policy frameworks with the
Convention by utilizing existing mechanisms for collaboration such as the
intergovernmental committees and working groups, as well as financial disbursements.
27.
Furthermore, certain pieces of legislation at the federal, provincial and territorial
levels are contrary to the rights of persons with disabilities set out in the Convention. These
include, for example, provisions on: substitute decision-making regimes, such as
guardianship or tutelle; the involuntary hospitalization and treatment of persons with
psychosocial disabilities; and, in the Criminal Code, on deprivation of liberty resulting from
declarations of unfitness to stand trial or non-criminal responsibility on grounds of mental
health conditions.7
28.
The Special Rapporteur would like to stress that, while the Canadian antidiscrimination framework allows for individual remedies, it is insufficient for the systemic
transformation of society that is needed to ensure the rights of persons with disabilities.
Responsibility falls upon individuals to draw attention to discriminatory practices or
policies and initiate lengthy and onerous legal procedures to achieve the recognition and
enjoyment of their rights. Currently, close to 60 per cent of the complaints to the Canadian
Human Rights Commission involve cases of discrimination on the basis of disability. More
proactive governmental responses at the federal, provincial and territorial levels are needed
to ensure systemic change and the promotion and protection of the human rights of persons
with disabilities.
29.
The Government needs to ensure that all public policies, including disability-specific
ones, reflect a human rights-based approach to disability and strive to remove barriers that
impede the effective and full participation of persons with disabilities on an equal basis
with others. The authorities need to increase the awareness, knowledge and capacity of all
government officials, civil servants, service providers and civil society representatives to
implement articles 4 (1) and 8 of the Convention and to engage in a broad-ranging public
awareness campaign on the Convention and the rights-based approach to disability.
D.
Indigenous persons with disabilities
30.
The indigenous peoples of Canada include the First Nations, the Métis Nation and
the Inuit. Indigenous persons with disabilities live both on and off reserves in communities.
According to the 2017 Aboriginal Peoples Survey, 8 32.7 per cent of off-reserve First
Nations people aged 25–54 years had a disability and women were more likely to have a
disability than men (39.3 per cent of women compared with 24.5 per cent of men). First
Nations persons with disabilities living off reserves were less likely to be employed (47.9
per cent) than those without disabilities (75.8 per cent), a gap similar to that observed in the
total population in Canada. There is no official information on the number of persons with
disabilities on reserves or from Métis and Inuit origin.
31.
The federal, provincial, territorial and indigenous governments are jointly
responsible for the implementation of the rights of indigenous persons with disabilities. The
Non-Insured Health Benefits Program provides eligible First Nations and Inuit people with
coverage for a range of health benefits, including medication, dental and eye care, medical
supplies and equipment, mental health counselling and transportation to access health
services not available locally. It complements provincial and territorial health-care
programmes as well as other First Nations and Inuit community-based programmes and
services. The Income Assistance Program provides funding to help individuals and families
living on reserves meet their basic needs, and the Assisted Living Program provides
income-tested funding for non-medical social support services to persons with disabilities
living on reserves, including in-home care, adult foster care and institutional care.
7
8
6
The statutory framework governing the treatment of accused persons deemed unfit to stand trial or not
criminally responsible is set out in part XX.1 of the Criminal Code.
See www.aadnc-aandc.gc.ca/eng/1321384019753/1322059098232.
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